Can I break my apartment lease without penalties if I fear for my children’s safety?

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Can I break my apartment lease without penalties if I fear for my children’s safety?

The police are called to my apartment on a regular basis a apartment employee has admitted there is a drug problem A boy has hit other children with metal bars, skateboards and metal scissors and injured my son on the playground. The police can do nothing because the boy is under 10 years old. When management was involved I was given a verbal warning for not being outside with the children, however, even when I’m outside he tries to hit my kids. There is nothing I can do about it. I fear for my children.

Asked on February 27, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your landlord knew before you rented the unit you have that there safety issues concerning the unit you have and failed to disclose this material fact (drug problems), you might be able to cancel your lease without any recourse.

However, you have the burden of establishing that the landlord knew of the problems at the complex he or she owns before you moved in. Another option is to have the landlord sign an agreement that your lease is over and you owe no further rental after a set date.

Unless you can establish that the landlord knew before hand of the problems you are writing about you cannot break your lease without recourse because you fear for your children's safety.


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